Citizens for Equal Protection v. Bruning

Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006), was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit.wikipedia
68 Related Articles

Nebraska Initiative 416

Initiative Measure 416constitutional amendmentNebraska
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.
Several gay and lesbian advocacy organizations challenged this measure in Citizens for Equal Protection v. Bruning.

Same-sex marriage by Circuit Court

CircuitCircuit CourtCircuits
Bruning was the only decision of a U.S. Court of Appeals to rule that a state ban on same-sex marriage comports with the U.S. Constitution until the Sixth Circuit did so on November 6, 2014.
Prior to the landmark ruling United States v. Windsor, the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in Citizens for Equal Protection v. Bruning.

Joseph F. Bataillon

Joseph Bataillon
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.
In 2003-05, Bataillon heard Citizens for Equal Protection v. Bruning, a federal constitutional challenge to Nebraska Initiative Measure 416, a voter initiative constitutional amendment that prohibited Nebraska from recognizing same-sex marriages or unions.

Suspect classification

suspect classquasi-suspect classimmutable
As to the Equal Protection claim, the Court held that Initiative Measure 416 should receive rational basis review, rather than strict scrutiny, because sexual orientation is not a suspect classification, and thus the classification created by the measure "and other laws defining marriage as the union between one man and one woman is afforded a 'strong presumption of validity.'" Nebraska argued that by "affording legal recognition and a basket of rights and benefits to married heterosexual couples," the initiative measure encouraged "procreation to take place within the socially recognized unit that is best situated for raising children."
The U.S. District Court for the District of Nebraska held the same in Citizens for Equal Protection v. Bruning, but was reversed on appeal by the United States Court of Appeals for the Eighth Circuit.

LGBT rights in Nebraska

Waters v. Ricketts
In 2005/06, in the matter of Citizens for Equal Protection v. Bruning, same-sex couple plaintiffs were successful in the United States District Court for the District of Nebraska having the state's constitutional ban of same-sex marriage struck down.

Lawsuit

litigationsuedcivil suit
2006), was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit.

United States District Court for the District of Nebraska

District of NebraskaD. Neb.U.S. District Court for the District of Nebraska
2006), was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union and also represented by Lambda Legal, filed suit in the United States District Court for the District of Nebraska challenging the constitutionality of Initiative Measure 416.

United States Court of Appeals for the Eighth Circuit

8th Cir.Eighth CircuitEighth Circuit Court of Appeals
2006), was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit.

Constitution of the United States

United States ConstitutionU.S. ConstitutionConstitution
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

Initiative

ballot initiativepopular initiativeinitiated state statute
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

Constitution of Nebraska

Nebraska ConstitutionArticle 13 of the Constitution of NebraskaArticle IV
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

Same-sex marriage

gay marriagemarriage equalitysame sex marriage
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

Civil union

civil unionscivil partnershipcivil partnerships
It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.

United States district court

U.S. District Courtfederal district courtdistrict court
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Equal Protection Clause

equal protectionequal protection of the lawsEqual Protection Clause of the Fourteenth Amendment
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Fourteenth Amendment to the United States Constitution

Fourteenth Amendment14th AmendmentFourteenth
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Bill of attainder

Act of Attainderbills of attainderattainted
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Contract Clause

Contracts Clausegold and silver clauseimpairing contracts
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Article One of the United States Constitution

Article IArticle OneU.S. Const. art. I
On May 12, 2005, United States District Judge Joseph F. Bataillon ruled that Initiative Measure 416 violated the Equal Protection Clause of the Fourteenth Amendment and was a bill of attainder in violation of the Contract Clause of Article I.

Nebraska Attorney General

Attorney General of NebraskaAttorney GeneralNebraska
Nebraska Attorney General Jon Bruning appealed the decision to the Eighth Circuit in St. Louis, Missouri.

Jon Bruning

Nebraska Attorney General Jon Bruning appealed the decision to the Eighth Circuit in St. Louis, Missouri.

St. Louis

St. Louis, MissouriSt. Louis, MOSaint Louis, Missouri
Nebraska Attorney General Jon Bruning appealed the decision to the Eighth Circuit in St. Louis, Missouri.

Same-sex marriage in the Sixth Circuit

Sixth Circuit Court of AppealsSixth CircuitU.S. Court of Appeals for the Sixth Circuit
Bruning was the only decision of a U.S. Court of Appeals to rule that a state ban on same-sex marriage comports with the U.S. Constitution until the Sixth Circuit did so on November 6, 2014.

American Civil Liberties Union

ACLUAmerican Civil Liberties Union (ACLU)ACLU Foundation
In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union and also represented by Lambda Legal, filed suit in the United States District Court for the District of Nebraska challenging the constitutionality of Initiative Measure 416.